People v. Moore
Cases that cite this one
1 later published case cites this decision.
- People v. Gomez (Appellate Division of the Supreme Court of New York 2016)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (F. Rivera, J.), rendered September 23, 1998, convicting him of attempted grand larceny in the third degree and possession of burglar’s tools, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The trial court properly denied the defendant’s request for a missing witness charge based on the People’s failure to call one of the police officers who had been at the scene of the crime. The defendant failed to make a prima facie showing that the witness could be expected to have knowledge about a material issue in the case or that his testimony would be favorable to the People (see, People v Macana, 84 NY2d 173; People v Smith, 254 AD2d 312). O’Brien, J. P., S. Miller, McGinity and Smith, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.